DOCID: 3986605 ~f"j· : ~ ~ · eclassified nd a NS .~¥-- -- ~ • SBCtffi I'.fY IN!i'eRM2\'.f ION NSCID 9 I _ --·· REVISED V October 24, 1952 COPY NO. ~.5 f(.£(1~£P 2 t; ])FCSJ.ttJER. f1'.,s"2

NATIONAL SECURITY CO!JNCIL INTELLIGENCE DIRECTIVE NO. 9 -

CQMMUNICATIONS INTELLIGENQ.m.

Pursuant to the provisions of Section 101 and Section 102 of the National Security Act of 1947, as amended, and to the Presidential di1·ective approved October 2t1-, 1952, which a. Stated that the communications intelligence (COMINT) activities of the United States are a national responsibility, and that they must be so organized and managed as to exploit to the maximum the available re­ sources in all participating departments and agencies and to satisfy the legitimate intelligence requirements of all such departments and agencies; __ ----. Q• Designated the Secretaries of State and Defense as a Special Committee of' the National Security Council for COMINT, which Committee shall with the assistance of the Director of Central Intellfgence, establish pol­ icies governing COMINT activities, and keep the Presi­ dent advised of such policies through the Executive Secretary of the National Security Council; and £· Further designated the Department of Defense as executive agent of the Government, for the produc­ tion of COMINT informati?n; the Special Committee of the National Security Council for CO:t-1INT hereby authorizes and d:irects that: 1. Directive to the United States Communications Jntelligence Board (uscm) •

.!!.· USCIB shall be reconstituted as a body act- , 1 ing for and under the Special Com.mi ttee, and shall 1. ,. 1 operate in accordance with the provisions of this · ) directive. Only those departments or agencies repre- sented in USCIB are authorized to engage in COMINT · activities. b. The Board shall be composed of the follow­ ing members:

-~- NSCID 9 REVISED TOP SECRET October 2~j 1952 - 1 - SECY*l IT¥ INFORM-AT ION I . •.

'oroP SECttE'!' ~a SffiCUR I'fY INFeRMA:'!' ION

(1) The Director of Central Intelligence, who shall be Chairman of the Board o (2) A representative of the Secretary of State. (3) A representative of the Secretary o:f Defense. (1+) A representative of the Director of the Federal Bureau of Investigation. (5) The Director of the National Security Agency (NSA). (6) A representative of the Department of the Army. ~;., (7) A representative of the Depe.rtment of the Navy. ·~ " (8) A representative of the Department of the Air Force. ~ ~ - (9) A representative of the Central Intel- ligence Agency. - - £• The Board shall have a staff headed by an executive secretary who shall be appointed by the Chairman with the approval of the majority of the Board. g. It shall be the duty of the Board to advise and make recommendations to the Seci·etary of Defense, in accordance with the following procedure with re­ spect to any matter relating to cornmunicatlons intel­ ligence which falls within the jurisdiction of the Director of NSA: (1) The Board shall reach its decision by a majo1•ity vote. Each member of the Board shall have ne v te ~pt the representatives of the ecretary of State,.and of the Central Intelli­ gence Agency who shall each have two votes. The Director of Central Intelligence, as Chairman, , fltf:' .Se~ ,,e"firy lli"Y.ct~IJ.:;·~ t~e ;p/,,.edpr o-f tk r~de,-../ ifJvn:-,,u ,,/'" /,,vesl;,fft~

- - ! NSCID 9 R~VISED i' OP SEGRE 'f October 24, 1952 - 2 - SlSClJ.R IrPY IN:FORHP.. T IQN t.· .. .. • i'eP SECflE'.f:' • SElG UR I'i1Y Hf.F' ORMA'i1 I ON

will have no vote. In the event that the Board votes and reaches a decision, any dissenting member of the Board may appeal from such deci­ sion within 7 days to the Special Committee. In the event that the Board votes but fails to reach a decision any member of the Board may appeal within 7 days to the Special Committee. In either event the Special Committee shall re­ view the matter, and its determination thereon shall be final. Appeals by tpe Director of NSA and/or the representatives of the Military De­ partments shall only be filed with the approval of the Secretary of Defense. (2) If any matter is voted on by the Board but (a) no decision is reached and any mem­ ber files an appeal; (b) a decision is reached in which the representative of the Secretary of Defense ·-,\ does not concur and files an appeal; no action shall be taken with respect to the sub­ ject matter until the appeal is decided, provided that, if the Secretary of Defense determines, af­ ter consultation with the Secretary of State, that the subject matter presents a problem of an emergency nature and requires immediate ac­ tion, his decision shall govern, pending the re­ sult of the appeal. In such an emergency situa­ tion the appeal may be taken directly to the President. (3) Recommendations of the Board adopted in accordance with the foregoing procedures shall be binding on the Secretary of Defense. Except on mn.tters which hq.ve been voted on by the Board, the Director of NSA shall disc.barge his responsi­ bilities in accordance with his own judgment, subject to the direction of the Secretary of Defense.

NSCID 9 REVISED October 21+, 1952 - 3 - Sl&CWITY IN¥0RMA:g?IOU cii:i .. ~ t·

'f'OP SBGHE'.t' • Bf:CUR IfY INi+'ORMl'.. !t'ION I (4) The Director of NSA shall make such re­ ports and furnish such information from time to time to the Board, either orally or in writing, as the Board may request and shall bring to the attention of the Board either in such reports or otherwise any new major policies or programs in advance of their adoption by him. e. It shall also be the duty of the Board as to matters not falling within the jurisdiction of NSA: (1) To coordinate the communications intel­ ligence activities among all departments and agencies authorized by the President to partici­ pate therein; (2) To initiate, to formulate policies con­ cerning, and subject to the provisions of NSCID No. 5, to supervise all arrangements with foreign governments in the field of communications intel­ ligence; and (3) To consider and make recommendations concerning policies relating to communications intelligence of common interest to the depart­ ments and agencies, including security stand­ ards and practices, and, for this purpose, to investigate and study the standards and prac­ tices of such departments and agencies in util­ izing and protecting COMINT information. !· Any recommendation of the Board with respect to the matters described in paragraph §. above shall be binding on all departments or agencj.es of the Gov­ ernment if it is adopted by the unanimous vote of the members of the Board. Recommendations approved by a majority, but not all, of the members of the Board shall be transmitted by it to the Special Committee for such action as the Special Committee may see fit to take.

~· The Board will meet monthly, or oftener at the call of the Chairman or any member, and shall determine its own procedures.

NSCID 9 REVISED '!!OP SECtmT October 21+, 1952 - 1+ - S:SGUR I':eY IMF'ORMfi:'f ION

------·-·- ..

TOP 5EC:fm'I' SEGUR I9?Y I!ff'GRMA'.f ION

2. Directive to the Secretary of Defense.

~· Subject to the specific provisions of this directivel the Secretary of Defense may delegate in whole 01· n part authority over the Director of NSA within his department as he sees fit. b. The COMIUT mission of the National Security ; Agency (NSA) shall be to provide an effective, uni­ fied organization and control of the communications \ intelligence activities of the United States conducted ! against fo1•eign governments, to provide for integrated 1 operational policies and procedures pertaining there­ ! to. As used in this directive, the terms "communica­ tions intelligence" Ol;' "COMINT 0 shall be construed . to mean all procedures and methods used in the in­ terception of communications other than fo1·eign ! press and propaganda broadcasts and the obtaining of information from such communications by other than the intended recipients,* but shall exclude censor$hip. and the production and dissemination of .~~ intelligence. c. NSA shall be administered by a Director des­ ignated by the Secretary of Defense after consuita­ tion with the Joint Chiefs of Staff, who shall serve for a minimum term of 4 years and who shall be eli­ gible for reappointment. The Director shall be a career comruissj_oned officer of the armed services on active or reactivated status, and shall enjoy at least 3-star rank during the period of his incumbency • ...,.,..-.--- .Q.. Under the Secretary of Defense, and in ac­ \ cordance with approved policies of USCJB, the Di­ rector of NSA shall be responsible for accomplish­ ing the mission of NSA. For this purpose all COMINT c.,ollection and production resources of the United States are- placed under his Q_peratiQ~ and technical control. When action by the Chiefs o the operating \ agencies of the Services or civilian departments or \ agencies is requirea., the Director shall normally I \ I I ~~~---~I,....,..~---.,~~-~_..__,~--~--- * See Public Law 513, Blst Congress, 1950.

NSCID 9 REVISED ~OP 3ECftE '.f I October 24, 1952 - 5 - OElell!! H'Y Ilfi'eRMflf r < -

.tll • TOP SECiffi'l1 u SECmt Ii'Y IN:fi'ORMA'l'IOH °'!:· :;:- issue instructions pertaining to COMINT operations through them. However, due to the µnique technical character of COMINT operations, the Dtrector is au­ thorized .to issue direct to any·· operating elements µnder his oper~tional control task assignments and pertinent instructions which are within the capacity of such--eleme_nts- to ac'c~qznpiish. He shall also have direct· ·a.ccess~to ,- and direct commu."lica tion with, any elements· of the Service or civilian COMINT agencies onany otherI!lfltters.of operational and tecbnical contr61--asmay be necessary, and he is authorized to obtain such information and intelligence material from them as.he may require. All instructions issued by the Director under the authority provided in this paragraph shall be mandatory, subject only to appeal to the Secretary of Defense by tbe Chj.ef of Service or head of civilian department or agency concerned.

~· Specific responsibilities of the Director of NSA include the following: (1) Formulating necessary operational plans and policies for the conduct of the U. S. CO:tvIINT ! activities. · (2) Conducting COMINT activities, including research and development, as required to meet the needs of the departments and agencies which are authorized to receive the products of COMINT. (3) Determining, and submitting to appropri­ ate authorities, requirements for logistic sup­ port for the conduct of COMINT activities, to­ gether with specific recommendations as to what each of the responsible departments and agencies of the Government should supply. (4) Within NSA 1s field of authorized opera­ tions prescribing requisite security regulations covering operating practices, including the trans ... mission, handling and distribution of COMINT ma­ terial within and among the COMINT .elements under his operational or technical control; and exercis­ ing the necessary monitoring and supervisory con­ trol, including inspections if necessary, to en­ sure compliance with the regulations. . ,.._.. NSCID 9 ~,. REVISED '!'OP SElOR:El'l' October 24, 1952 - 6 - 8ECtffi !'.fY INF OftMA'.f ION .. .. ~ ).. .·~·

• •SEGUR I'.i'Y !Ifti'e.HMlt'.i' ION

(5) Subject to the authorities granted the Director of Central Intelligence under NSCID No. 5 conducting all liaison on COMINT matters with roreign1 governmental communications intel­ ligence agencies. f. To the extent he deems feasible and in conso­ nance with the aims of maximum over-all efficiency, economy, and effectiveness, the Director shall cen­ tralize or consolidate the performance of COMINT functions for which he is responsible. It is rec­ ognized that in certain circumstances elements of the Armed Forces and other agencles being served will require close COMINT support. }4£_}1€}!:~, n~_qes~a_ry f_o]'., this close support, direct operati-onal control o1' specified COMINT facilities and resources will be delegated by the Director, during such periods and for such tasks as are determined by him, to military commanders or to the Chiefs of other agencies sup- 1?.?~~ed . · -· ··

g. The Director shall ~:x:ercise such administra­ tive control over COMINT activities as he deems nec­ essary· to the effective performance of his mission. -- Otherwise, administrative control of personnel and facilities will remain with the departments and agencies providing them. h· The Director shall make provision for parti­ cipation by representatives of each of the depart­ ments and agencies eligible to receive COMINT prod­ ucts in those offices of NSA where priorities of intercept and processing are finally planned. 1· The Director shall have a civilian deputy whose primary responsj.bili ty shall be to ensure the mobilization and effective employment of the best available human and scientific resources in the field of cryptologic research and development. j. Nothing in this directive shall contravene the responsibilities of the individual departments and agencies for the final evaluation of COMINT in­ formation, its synthesiswith information from other sources, and the dissemination of finished intelli­ gence to users.

NSCID 9 hEVISED TOP SECRET October 24, 1952 - 7 - SECtm:t:'fY !Ni"Ofl:M:A'f ION :e· . . •8f5GUR I~Y INPORHA'f ION ·' . - ~ r \ ~- .· ' •

3. The special nature of COMINT activities requires that they be treated in all respects as being outside the framework of other or general intelligence activities. Orders directives, policies, or recommendations of any authorlty of the Executive Branch relating to the collec­ tion, production, security, handling, dissemination, or utilization of intelligence, and/or classified material, shall not be applicable to COMINT activities unless spe­ cifically so stated and issued by competent departmental or agency authority represented on the Board. ' other Na­ tional Security Council Intelligence Directives to the Director of Central Intelligence and related implementing directives issued by the Director of Central Intelligence shall be construed as non-applicable to COMINT activities, unless the National Security Council has made its direct­ ive specifically applicable to COMINT.

111 notl»; ,, _ · tl · d" · +• 1. · """ ' '-' i:i ns irect1ve shall be corst.rued to en- i:-ro~ch upon or inLerfere with t,he ;.inir1ue responsibilities ~r. ,_. he F'?deral B11r1~a. 1 1. of I!1vest.igation in the field of , -- ' ir::.ern.::l RPCHri ty." ~•••,t?•'l :

NSCID 9 REVISED TOP SECRET October 24, 1952 - 8 - ~l!ICtffl !~Y IJ:Ui' ORM*~ I OU